# Comparative fault system · Massachusetts — Comparative fault system and joint and several liability rules by state

For Comparative fault system · Massachusetts, state is Massachusetts; rule type is Comparative fault system; fault system is Modified comparative fault (51% bar); when the plaintiff's own fault bars recovery is if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought; fault threshold is 51%, recorded from its source on 2026-08-31.

- **State:** Massachusetts _(our reading, not quoted from the source)_
- **Rule type:** Comparative fault system _(our reading, not quoted from the source)_
- **Fault system:** Modified comparative fault (51% bar) _(our reading, not quoted from the source)_
- **When the plaintiff's own fault bars recovery:** if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought _(verified: appears in the quote below)_
- **Fault threshold:** 51% _(our reading, not quoted from the source)_
- **Statutory citation:** Section 85 _(verified: appears in its own passage below)_

## What the source says

> Section 85. Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Statutory citation

> Section 85: Comparative negligence; limited effect of contributory negligence as defense

## Source

- https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Comparative fault system and joint and several liability rules by state](https://referencesource.org/state-comparative-fault-joint-liability-rules/).